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Law
The contemporary legal systems of the world are generally based on either (also known as Roman law) which is based on or which is based on or a combination of these. However, the legal system of each country is shaped by its unique history and so incorporates individual variations. The science that studies Law at the level of legal systems is called . *How - Common law *What - Civil law * Why - Because all men (and women) are equal in the eyes of the law Civil law (the n sun god) hands King a }} Statutory law or statute law is passed by a body of . *This is as opposed to or ; or promulgated by the or of the . s may originate with national legislatures, state legislatures or local . The source of law that is recognized as authoritative is in a constitution or passed by , to amend a code. *While the concept of codification dates back to the in ca. 1790 BC, civil law systems derive from the and, more particularly, the issued by the Emperor ca. AD 529. This was an extensive reform of the law in the , bringing it together into codified documents. Civil law was also partly influenced by s such as and . Civil law today (in theory) is interpreted, rather than developed or made, by judges. Only enactments (rather than legal s, as in common law) are considered legally binding. Common law }} Case law is the collected body of decisions written by courts and similar tribunals in the course of deciding past cases, in which the tribunals analyzed the law to resolve ambiguities and fill gaps to set principled rules for deciding those past cases. These past decisions are called "case law" , or to the extent that those past decisions are used by future judges to decide future cases. —a Latin phrase meaning “let the decision stand”—is the principle by which judges are bound to such past decisions. *These judicial interpretations are distinguished from , which are codes enacted by legislative bodies, and , which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing ; for example, criminal proceedings or family law. *The relationships between statutes and judicial decisions can be complex. In some jurisdictions, such statutes may overrule judicial decisions or codify the topic covered by several contradictory or ambiguous decisions. In some jurisdictions, judicial decisions may decide whether the jurisdiction's constitution allowed a particular statute or statutory provision to be made or what meaning is contained within the statutory provisions. Statutes were allowed to be made by the government. In countries, the term case law is a near-exact synonym for common law. It is used for of selected s, s of the , agency tribunals, and other bodies discharging adjudicatory functions. Common law and (legal concept) are systems of law whose sources are the decisions in cases by judges. Common law courts generally explain in detail the legal rationale behind their decisions, with citations of both legislation and previous relevant judgments, and often interpret the wider legal principles. The necessary analysis (called ), then constitutes a binding on other courts; further analyses not strictly necessary to the determination of the current case are called , which constitute but are not technically binding. *By contrast, decisions in civil law jurisdictions are generally shorter, referring only to s. The reason for this difference is that these civil law jurisdictions adhere to a tradition that the reader should be able to deduce the logic from the decision and the statutes. Common law developed in England, influenced by law and to a much lesser extent by the , which introduced legal concepts from , which, in turn, had its origins in . Common law was later inherited by the , and almost every former colony of the has adopted it ( being an exception). The doctrine of stare decisis, also known as case law or by courts, is the major difference to codified civil law systems. Countries Common law is currently in practice in , most of the ( and ), , , , (excluding ), , , (excluding ), , the (on a state level excluding ), and many other places. In addition to these countries, several others have adapted the common law system into a mixed system. For example, Nigeria operates largely on a common law system, but incorporates religious law. In the , the takes an approach mixing civil law (based on the treaties) with an attachment to the importance of case law. One of the most fundamental documents to shape common law is the English , which placed limits on the power of the English Kings. It served as a kind of medieval bill of rights for the aristocracy and the judiciary who developed the law. Narrowing of differences between common law and civil law The contrast between civil law and common law legal systems has become increasingly blurred, with the growing importance of (similar to but not binding) in civil law countries, and the growing importance of statute law and codes in common law countries. *'Jurisprudence' or legal theory is the theoretical study of . Scholars of jurisprudence seek to explain the nature of law in its most general form and provide a deeper understanding of , , , and the role of law in society. (since 1812, U.S. federal courts and most but not all of the states have held that criminal law must be embodied in statute if the public is to have fair notice),}} (the in the early 1960s) and procedure (the in the 1930s and the in the 1970s). But note that in each case, the statute sets the general principles, but the process determines the scope and application of the statute. An example of convergence from the other direction is shown in the 1982 decision Srl CILFIT and Lanificio di Gavardo SpA v Ministry of Health ( ), in which the held that questions it has already answered need not be resubmitted. This showed how a historically distinctly common law principle is used by a court composed of judges (at that time) of essentially civil law jurisdiction. References Category:Civilization